Tarundeep Kaur v. Sweety Devgan And Another

FAO-5123-2023(O&M)

 
  



IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO-5123-2023(O&M) Date of Decision: 21.09.2023 TARUNDEEP KAUR ......Appellant Vs SWEETY DEVGAN AND ANOTHER .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present:Mr. Rose Gupta, Advocate, Mr. Sukhvinder Singh Plaha, Advocate and Ms. Pridhi Singla, Advocate for the appellant.

**** RAJ MOHAN SINGH, J.(Oral) [1].

The appellant has assailed the order dated 31.05.2023 passed by the Principal Judge, Family Court, Fatehgarh Sahib, thereby declining to restrain the respondents from alienating the suit property, however, in order to avoid multiplicity of litigation and to achieve ends of justice, the respondents have been granted liberty to sell the land only with prior permission/leave of the Court during pendency of the suit.

[2].

The order in question is innocuous enough to be appreciated in the light of interlocutory order dated 23.11.2022, PRINCE SAINI 2023.09.22 20.43 I attest to the authenticity and integrity of this order/judgment

FAO-5123-2023(O&M) 
 
  


which was passed at the preliminary stage of the suit, where even presence of the respondents was ordered to be secured. Vide the aforesaid order, the respondents were restrained from alienating the suit property till the next date of hearing. [3].

The impugned order is fully in consonance with the interest of the parties. The interest of the appellant has been duly safe-guarded. Even otherwise, in the light of order dated 23.11.2022, the respondents were not precluded from leave of the Court in order to part with the property. No prejudice is going to be caused to the interest of the applicant-appellant. [4].

We find no justification to interfere in the impugned order. The present appeal is dismissed. Since the appeal is dismissed on merits, therefore, there is no need to consider the applications under Section 5 of the Limitation Act for re-filing and filling the present appeal and the same are accordingly disposed of.

(RAJ MOHAN SINGH) JUDGE (HARPREET SINGH BRAR) JUDGE 21.09.2023 Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No PRINCE SAINI 2023.09.22 20.43 I attest to the authenticity and integrity of this order/judgment